DR. HARIHAR PRASAD SINGH AND ORS. versus PRINCIPAL, M.L.N. MEDICAL COLLEGE ALLAHABAD AND OTHERS.

DR. HARIHAR PRASAD SINGH AND ORS. versus PRINCIPAL, M.L.N. MEDICAL COLLEGE ALLAHABAD AND OTHERS.

Clause 5 of the Residency Scheme extends the privilege of admission to the second year of the degree course to all persons who were working as house officers on or after 1st August, 1987; it is not limited only to those on a house job as on 22.8.1989. There is no rule prohibiting those already admitted to a diploma course from seeking admission to degree course in the same speciality, provided eligibility conditions are met.

Parties
Appellants: Dr. Harihar Prasad Singh and Others; Respondents: Principal, M.L.N. Medical College Allahabad and Others
Jurisdiction
India
Judgment Date
21 August 1990
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 30.5.1990 of the Allahabad High Court
Outcome
Appeals dismissed
Legal Topics
Professional College Admission, Residency Scheme, Eligibility Criteria, Retrospective Application of Scheme, Transitory Provisions
Education Law Administrative Law Professional College Admission Residency Scheme Eligibility Criteria Retrospective Application of Scheme Transitory Provisions

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Parties

Dr. Harihar Prasad Singh and Others

Appellants

Principal, M.L.N. Medical College Allahabad and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 30.5.1990 of the Allahabad High Court

Legal Issues

  1. 1 Whether concession under rule 5 of the Residency Scheme is limited to doctors in house jobs as on 22.8.1989 or available to all those in house jobs as on 1.8.1987 and later
  2. 2 Eligibility of candidates admitted to and undergoing diploma courses to seek admission to degree courses under the Scheme

Ratio Decidendi

Clause 5 of the Residency Scheme extends the privilege of admission to the second year of the degree course to all persons who were working as house officers on or after 1st August, 1987; it is not limited only to those on a house job as on 22.8.1989. There is no rule prohibiting those already admitted to a diploma course from seeking admission to degree course in the same speciality, provided eligibility conditions are met.

Court Disposition

Appeals dismissed

Orders

  • State Government to review the situation and see if any solution, accommodating all contestants who qualify on merit, can be found.
  • Immediate consideration of writ petitioners for admission as junior residents-second year, subject to rules in force.